Floyd Abrams Quotes

Despite Ziglar’s and other officials pointing out the illegality, illegal sweeps and arrests were made without warrants or constitutional requirements.

In a 1949 dissenting opinion in Terminiello v. Chicago Jackson claimed the majority view would “convert the Bill of Rights into a suicide pact.”

One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.

When asked for his position on abortion, candidate Bush answered:. Nine years later, President Bush proposed a constitutional amendment to overturn the Supreme Court's ruling on flag desecration.

Marshall did not crate this concept or some its phraseology out of whole cloth. See Rufus King {610245} for a Constitutional Convention basis for the statement.

See John Marshall's later (1803) use of the concept and term "repugnant." {606483}

On the Fugitive Slave Act: As one of the leading American Catholic intellectuals during the 19th Century, Brownson’s opinions went far in keeping Catholics from joining the side of the abolitionists. However, just a few years later his tone would change and he would become one of the few Catholic writers to refuse to defend slavery, see {610710}. While the majority of Catholics refused to join the abolition movement, they often did so because abolitionism was closely tied to anti-Catholicism, see Gordon {611392} or Shaftesbury {611106}. Other reasons included Irish immigrants fearful of competition from Black labor and the fear of liberal individualism and social disorder, which was prevalent in 19th century Catholic thought. For a further explanation on the relationship between American Catholics and slavery, see McGreevy {612036}.

Powell was the Secretary of State and Addington kept advising the administration that as long as the President was acting in defense of the country in his capacity as Commander in Chief, he did not have to obey any existing laws that had been Constitutionally passed which in the opinion of the President restricted or limited the President or the executive branch. Addington was an attorney and Assistant to the Vice President, but he was given much responsibility for administration policy. Powell the Secretary of State of the Administration could not have disagreed more and although most politicians including Republicans disagreed with the Addington thesis, Powell was one of the few Republicans to criticize the Addington position.

There are some conservatives who accused Brennan of altering the Constitution from the bench by his opinions. However, there is an unending debate as to how the constitutional interpreters should deal with concepts and reality that did not exist at the time of the Constitutional Convention and were unconcieved of. Some justices like Brennan believe that the principles of the Constitution should be extended and extrapolated to modernity. Others believe that in the absen?ce of specific language even Supreme Court just should not try and extrapolate. Both are reputable views and as time and technology march ahead, the issue is joined more frequently. For example, the Founding Fathers did not conceive of atomic weapons. But they insisted that Americans have the right to bear arms. An atomic bomb is a type of arm—a weapon of war and defense. Does an individual American have the right to have his own atomic bomb?